Financial adviser unfairly dismissed after ‘spurious allegations’
December 6th 2019A financial adviser was unfairly dismissed after his employer put unreasonable pressure on him to extend a restrictive covenant. That was the decision of the Employment Tribunal in a case involving Peter Ward, who worked as a financial planning provider for Fiducia Comprehensive Financial Planning from 2009-2018. In May 2018, Ward resigned from the company and gave his three months’ notice, stating that he intended to spend more time with…
Landlord entitled to evict disabled tenant over anti-social behaviour
December 4th 2019A housing association was entitled to evict a disabled tenant even though it had failed to comply with its public sector equality duty (PSED) under the Equality Act 2010. That was the decision of the Court of Appeal in a case involving Aldwyck Housing Group Ltd. One of its tenants, who was physically disabled, had been given a formal warning about the anti-social behaviour of various visitors to his flat.…
Mulberry wins confidentiality agreement dispute with employee
December 2nd 2019The fashion house Mulberry has successfully defended a discrimination claim from a former employee who was dismissed after refusing to sign a confidentiality agreement. The case involved designer Anna Gray, who had access to some of Mulberry’s designs ahead of their launch to market. She was dismissed after she refused to sign a confidentiality agreement. Mulberry believed that by refusing to sign, she intended to copy some of its products.…
Employers wrong to dismiss worker who could not take on a full-time role
November 25th 2019The Employment Tribunal has ruled that an employee was unfairly dismissed after her company diluted her job share arrangement and created new roles that were only available to full-time workers. The case involved an employee of Capita Customer Management Limited named Mrs J McBride. She worked as head of quality and compliance before taking maternity leave in April 2015. She returned to work two years later and resumed her duties,…
Brothers fail to overturn their mother’s will leaving estate to sister
November 20th 2019Three brothers have failed in their bid to overturn their mother’s will, which left nearly all her estate to their sister. The mother had originally made a will dividing her estate equally between her four children. However, her views changed after her health began to deteriorate in 2009 and her daughter came to live with her as her carer until she died in 2016. The brothers offered only limited help…
Worker was discriminated against due to his ‘perceived religion’
November 18th 2019A Royal Mail worker was a victim of racial discrimination even though the comments made towards him were not specifically about his own religion. That was the ruling of the Employment Tribunal at a recent hearing involving Mr Shunmugaraja, who was a manager at the Royal Mail Cardiff depot. He described himself as a Hindu of British-Indian origin. One of his workers, Mr Brown, refused to complete various tasks, and…
Developer overturns covenant preventing offices becoming homes
November 14th 2019A developer has succeeded in overturning a restrictive covenant that would have prevented an office block being converted into homes. The block was next to other office buildings and close to several apartment blocks. The head lease was for a term of 150 years from 1985 and contained a covenant restricting its use to office premises. The local authority, which owned the building, was entitled to 15.5% of the net…
Legal firm’s newest recruit joins team after relocating from East Anglia
November 12th 2019ONE of the newest members of a top legal firm’s 100-strong team has spoken of his delight at joining the company. Nick Devlin, who along with wife Georgina has recently moved to Cumbria from East Anglia, says he had always hoped he would one day be a member of the Cartmell Shepherd family. He first got a taste of the business during a work placement week – and almost six…
Number of first-time home buyers reaches 12-year high
November 7th 2019The number of first-time home buyers has reached its highest level for 12 years. The latest mortgage data reveals that 35,010 people took their first step on the property ladder in August. That’s the highest monthly total since August 2007. The figures, from UK Finance, follow the Ministry of Housing’s own research revealing 87% of the public would prefer to buy rather than rent. It also found 57% of people…
Deputyship Fee Refunds
November 5th 2019The Office of the Public Guardian (“OPG”) have begun to offer deputyship fee refunds to those who were overcharged fees from the 1st of April 2008 to the 31st of March 2015. Why are the OPG offering refunds? A deputy is a person appointed by the Court of Protection to be legally responsible for someone who no longer has the ability to make decisions for themselves. Currently you must pay £365…
